§ 543. Assessment of conservation easements. 1. Upon acquisition of a\nconservation easement subject to taxation pursuant to this title and for\ncommon law easements acquired by the state in the Adirondack or Catskill\nparks and subject to taxation, the commissioner of environmental\nconservation shall determine an allocation factor applicable to each\nparcel subject to such conservation easement. The allocation factor\nshall be the portion of the value of each parcel which the easement\nrepresents, expressed as a percentage. The commissioner shall forthwith\ncertify any such allocation factor to the commissioner and to the fee\nowner. The commissioner shall supply to the commissioner copies of any\nappraisals made in conjunction with the acquisition of the easement for\nuse by the board pursuant to section five hundred forty-two of this\ntitle.\n 2. Such allocation factor shall remain in effect for a period of ten\nyears from the date of acquisition of such easement by the state or, for\npreviously acquired common law easements, from the date such allocation\nfactor was first determined. After such ten year period has elapsed,\nsuch allocation factor shall be subject to review and revision by the\ncommissioner as appropriate, based on significant change in the relative\nvalues of the fee and easement interests.\n 3. After such ten year period has elapsed and in the first year in\nwhich the commissioner independently computes the portion of the value\nof the parcel attributable to a conservation easement or common law\neasement, if such portion is different from the allocation factor\npreviously determined by the commissioner of environmental conservation,\nthe commissioner shall recompute the allocation factor by averaging the\nprevious allocation factor and the portion computed by the commissioner.\nIn any subsequent year, the allocation factor based upon the portion\ncomputed by the commissioner shall supersede any previous allocation\nfactor.\n 4. Whenever a conservation easement is acquired and for common law\neasements acquired by the state on land within the Adirondack or Cats-\nkill parks subject to taxation, the commissioner shall be a person\naggrieved by the assessment of the parcel or parcels burdened by such\neasement for purposes of seeking administrative and/or judicial review\nof such assessments. Notwithstanding the provisions of section seven\nhundred four of this chapter, the commissioner may seek judicial review\nwithin two years of the acquisition of a conservation easement or, for\nsuch state owned common law easements, within two years of the date when\nthe easement became subject to taxation and need not seek administrative\nreview prior to seeking such judicial review. Whenever the commissioner\nseeks administrative or judicial review of the assessment of such\nburdened parcel or parcels, it shall send a copy of the complaint or\npetition to the owner of a burdened parcel within ten days of the filing\nof a complaint or the service of a petition.\n 5. Determination and payment of the state's share of municipal real\nproperty taxes which become a lien after vesting but prior to the next\ntaxable status date shall be made as follows:\n (a) The state is responsible for direct payment to the municipality of\nits proportionate share, determined by multiplying the amount of the tax\nbill by the allocation factor which shall be certified by the\ncommissioner to the assessor and chief fiscal officers of the\nmunicipalities within which the property is situated and to the state\ncomptroller.\n (b) Upon presentation of a certificate issued pursuant to this\nsection, a collecting officer is hereby authorized to accept from the\nunderlying fee owner the taxes due and owing from the fee owner after\ndeducting those taxes for which the state is liable because of its\nacquisition of a conservation easement or common law easement subject to\ntaxation pursuant to this title. Any official having custody of a final
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